I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
I140 approved-Sept 2006
Smita, you are propogating an incorrect and baseless thought. First, should we not stand up for what is legally ours; be it GC or any other right. There is no shame is demanding what you deserve. Would you not retaliate if a wrong was done to you or your family. The days of British Raj are gone, dear. Grow up and stand for your right, and don't be ashamed.
Second, all the efforts from this community are making much much noice- as in getting media attention. Even if we don't see immediate benefits, others would. So, think for others and long term
Third, don't be a pessimist. you don't get arrested for peaceful rallies. There is still law and order in US. And, please do not discourge us.
Last, please join the folks in rallies and other efforts.
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How did you open Infopass on aug 5th, because once SR is created they say wait for 45 days before opening infopass, as in the page where we open infopass it asks for SR#?
Can you please share what option you selected in the web page when you tried to open a Infopass appointment.
SR: on Aug 02 ...Got a Reply wait for 60 Days case under review
Info pass on Aug 05 : Got Reply case with officer wait 30 Days
Just waiting ..GOD ....Give me Green :rolleyes:
I say stupid questions because people still ask "Does the PDF report contain numbers for dependents or only for primary applicants" - so you are telling me that this is not clear from the PDF report??
Illinois-alum I don't have anything against you. I just objected to your language.
As far as your clarity on dependent question goes, it may not be clear to someone very new to the process. So their question might be valid. Nothing wrong in this.
And on over-analysis, I don't think that's the case. We still don't have clear answer on discrepancy.
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I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009, Can I work until then assuming MTR is resolved in 2 months (per some optimistic posts on IV)
3. if my employer were to file a PERM labor application--can I port my previous priority date?
As per some opinions, H1 also gets invalidated when 485 is revoked past 6 years limit of H1B. Did you also get your EAD revoked?
To answer your question#3, my lawyer said I should be able to retain PD from earlier approved 140 in such scenario. Check with yours.
We rode the same wave even last year with many of the same Guru;s predicting the same movement to 2007 and what we saw 2 weeks movement . There was one person called QSHEMK who after that went completely out of the picture or has rejoined with a new name .
Also I have analyzed that people who have a date in 2008 somehow predict that the dates might move to 2008 and people who have a PD of July predict that dates will move to August . This is just an observation and nothing more , and if you go through the threads thats exactly what you will see.
I will be equally benefited as you all will if the predictions come true , but be well prepared for a major heartbreak also like last year .
While it takes a lot of effort from some of the members to crunch such numbers I would be first to extend my sincere gratitude to them for doing this , I would also recommend you all to take the analysis and predictions with a grain of salt and not to raise your hopes too much on these predictions.
It has seldom worked for the last 6 years at least . Hope it does this time . I speak from experience in IV since 2006.
I believe you wait will be predicated only by processing delays.
Like others have pointed out, it looks like that the numbers are being allocated in a different way from before. Does any one know of any article or discussion by a real attorney or some expert on what is going on?
USCIS may be using divide and silence tactics. One can already see the impact of EB2 being as good as current. They probably liked what they saw and are setting up to move back EB3 much more. At this rate EB3 will crawl to death. People will try to jump into EB2 and realignments/adjustments automatically will take place.All good for USCIS.
But, going back to my original question, what are the legal experts saying? Can any legal entity or any type of action force USCIS to explain what the heck is going on?
Yes, at least one immigration attorney disagrees with the current interpretation, however he feels that the laws, as written, gives USCIS/DOS the wiggle room to deflect any lawsuits. Since the law does not deny EB3 the numbers, I think we should start a letter campaign to bear upon USCIS/DOS to take a second look at the law and fine tune their interpretation.
We should also ask other immigration lawyers their thoughts (some who have online chat/discussion).
Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year
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Meanwhile new updates from opponents
Not sure how true is that
or was that some rumor
Yes , I did see that, but at what point do they consider this as "inventory" -- waiting for visa having pre-adjudicated (gosh, I hope not!) or as we all are thinking -- applications that have reached the agency...
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I have called the consulate multiple times and DOS once. They said it is under PIMS verification. They haven't mentioned any 221(g) or anything like that ! But I guess lacking any accountibility to the applicants or employers they can practically do anything !
Hi stuck_here, how do you know you are stuck for PIMS and not anything else ??
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On another note - consulting companies will workaround by creating multiple companies and applying h1b through various companies
But are n't they proposing 50 % rule.. how can a small desi company afford 50 % US citizen staff ? That is why may be people think consulting companies will not work.
but what I think is it will make them less profitable. Very small body shoppers will go out of business. Med to large indian owner based consulting companies will be less profitable.
Guys with stock investment in indian IT compnies Heads UP !
house Composer - Tom Petty
B1/B2 is always prone to reject by 221(b). Wont impact that much.
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How long it can take? 1 week or 2 weeks or 1 month? Please provide your experiences for those passports took more than 3 days. I have seen max 1 month in the forum.
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I got the following response for Ombudsman for AC21 mail sent to them a week ago. They need Evidance of I 485 denials to discuss with USCIS. The following is the mail I got. People who have been affected already. Please share this with Ombudsman..Let's keep the momentum going..
Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.
If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.
Please submit information via email to email@example.com with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.
Thank you for your cooperation.
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Think from your client's perspective:
1. Why should he pay you more if he can get someone for cheaper price?
2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO?
3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful.
4. YOU guys want to leave companies at will but the companies should not replace you at will?
If you were bringing in value to the client that they cant get from TCS/WIPRO then you will have the job. Get some more skills, be best in the business and be smart. Know what it takes for long term success. You have to be on your toes all the time.
STOP whining, you are just wasting time. All the best!
1. not be based on client location (only visit and communicate), must work from sponser's worksite.
2. not be managed by client. Must be managed by sponser.
The L-1 Reform Act amends previous legislation by addressing the issue of “outsourcing.” L-1B temporary workers can no longer work primarily at a worksite other than their petitioning employer if the work will be controlled and supervised by a different employer or if the offsite arrangement is essentially to provide labor for hire, rather than service related to the specialized knowledge of the petitioning employer. This limitation will apply to all L-1B petitions filed with USCIS on or after June 6, 2005. This includes extensions and amendments involving individuals currently in L-1 status.
Of course, person on L1 status can work at client site as long as he/she is directly managed by company that has sponsored L1 visa. They can not be directly managed by client. That is the restriction. Have you even read posts in this thread?
until it happens to him/her.
Not sure why he wants his/ her identity covered up. This shows how good some of us are in trying to make noises in the dark and not doing anything about issues in hand.
In all, I still don't understand why L1Bs cannot work at Client site. I am sure that the L1 petitions specifically ask for Client site / work location. If Client site address is mentioned, the USCIS does approve the petition. If it is against law, they will not approve the petition. I know this for a fact since some of my friends are on L1.
Regarding my identity cover up... I have mentioned couple of times abt the seriouness of the situation as the other party is a multi billion dollar organisation, second please add all the reasons why ICE/USCIS/DOL provides anonymity and whitsle bowler protection to people who brings these kind of violations to their notice.
Regarding working at client site... Yes they do get approved for working at client sites BUT with the condition that they would be working directly under the suprevision of their managers and NOT the client managers (they don't qualify for consulting assignments). Also these L-1B visas are approved for working on speciality skills NOT on common technical skills (like java/.net/DBs/Prod Support etc). Next time read your friends L-1B petition carefully and you could find all these details over there.. also verify the L1 reform act of 2004 (published in this thread).
Regarding retrogression... I agree that L-1B visas are not impacting the same much and also I think if someone in L-1A LEGALLY qualifies for EB-1 there is nothing wrong in getting the GC, If we think thats not appropriate then we should bring this upto the law makers and get it rectified BUT fake EB1s should be notified to authorities.
We are fighting against a fraudulant activity by which our jobs (and hence our GCs) are jeopardized and its not a fight against fellow immigrant BUT a fight against the greed of these corporates to make money even by committing such fraudulant activities.. hope this clears the doubt.